Probate and Trust Litigation
Probate is necessary whenever a person dies leaving behind assets titled solely in his/her name. The probate administration process in Florida varies widely; some estates are relatively easy and quick to resolve, while others are very challenging and drawn out, sometimes lasting for several years. If the decedent died with a valid Last Will & Testament, the distribution of assets normally follows the terms of the will. If the decedent dies without a will, the distribution of assets follows the applicable Florida Statutes.
In Florida, there are three types of estate distributions:
- Disposition Without Administration
- Summary Administration
- Formal Administration
Each type of estate distribution has unique requirements and processes. I regularly assist individuals with all three types of estate administrations and also handle:
- Transfers of Homestead Property
- Ancillary administrations
- Representation of Estate Beneficiaries
Probate Litigation
There are many issues in the probate process that can require litigation. The litigation isn’t necessarily adverse, such as the hearing of a petition to admit a lost will or a petition to determine the beneficiaries of an estate, but there are other issues that can be contentious, such as challenging the legitimacy of a will, asserting or defending the rights of beneficiaries, or removing a personal representative.
Probate litigation involves unique time limitations that can be very restrictive. As such, if there is an issue you feel needs to be litigated in probate court, it is imperative you quickly contact a Florida attorney specializing in probate matters.
I regularly assist individuals with:
- Will contests
- Lost wills and copies of wills
- Wills that have ambiguous provisions
- Determination of beneficiaries
- Selection or removal of a personal representative
